Mr. Sibarium represents clients in investigations conducted by the U.S. Federal Trade Commission, the Department of Justice's Antitrust Division, state attorneys general, and in litigation before state and federal courts. His broad experience includes antitrust and other complex commercial litigation, civil antitrust conduct investigations, antitrust merger investigations, criminal grand jury investigations, and a variety of unfair and deceptive trade practices investigations.
In his litigation practice, Mr. Sibarium has represented clients in cases involving claims such as price fixing, tying, boycotts, monopolization, unfair competition, misappropriation of trade secrets, breach of contract, fraud, trade libel, deceptive trade practices, and other business torts. He has tried cases against both the Antitrust Division and the FTC. He was the architect of the defense that persuaded the FTC to reverse an administrative law judge's divestiture order in a high-profile consummated merger case, and a key member of the trial team that obtained dismissal of the DOJ's effort to enjoin a proposed merger in the healthcare sector. He was lead counsel for a medical device manufacturer in its successful defense against monopolization claims, and for a vertically integrated optical company in its suit for injunctive relief ending a national boycott following the company's acquisition of a national retailer.
Mr. Sibarium has analyzed the competitive effects of hundreds of proposed mergers, acquisitions, and joint ventures for nearly 30 years in both private practice and government service. He recently obtained unconditional merger clearance for an optical industry client in its multi-billion dollar acquisition of an iconic eyewear company before the FTC. Mr. Sibarium was a key member of the antitrust teams that successfully guided a major telecommunications merger through the Department of Justice, and he successfully represented one of the nation's largest wholesale bakers through a series of acquisitions of major competitors. He has obtained clearances for transactions in other industries as diverse as aerospace, healthcare, airport security, wholesale foods, energy, financial services, chemicals, computers, agricultural products, telecommunications, and retail. By combining this substantive antitrust and litigation experience with his knowledge of the premerger reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act, Mr. Sibarium is able to more efficiently serve clients throughout the merger-review process. Where necessary, he coordinates the activities of competition counsel across the globe.
His trade regulation practice includes representing household-name clients in FTC investigations and state attorney general investigations in matters arising from advertising claims, warranties, deceptive pricing, product labeling, and other FTC trade regulation rules. He has represented national advertisers in industries such as computers, health care services, foods, and retail.
He has advised clients on a wide range of antitrust and trade regulation issues relating to pricing, distribution, strategic alliances, boycotts, tying agreements, exclusive dealing, promotional allowances, licensing restrictions, advertising, and covenants not-to-compete.
Mr. Sibarium served as an adviser on antitrust and trade regulation matters to a Federal Trade Commissioner.
Mr. Sibarium has handled a number of pro bono matters, including serving as guardian ad litem in a child-custody matter, representing a prisoner in an Eighth Amendment claim, and representing a terminated employee in a discrimination claim. He also has taught courses in legal writing and appellate advocacy at The National Law Center of The George Washington University Law School.
- Legal 500 US, Antitrust (2012-2014)
American Bar Association, District of Columbia Bar Association
U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals for the DC Circuit; Federal Circuit Court of Appeals; U.S. District Court for the District of Columbia; U.S. District Court for the District of Maryland; U.S. District Court for the Eastern District of Michigan
- The Supreme Court’s Ruling on Antitrust Immunity for State Regulatory Boards: North Carolina State Board of Dental Examiners v. FTC,” American Health Lawyers Association (May 2015) (Panelist)
- "Antitrust Enforcement Over the Next Four Years," Pillsbury CLE Marathon (February 2013) (Speaker)
- "Joint Ventures: Practical Advice to Avoid the Antitrust, Tax, and Fraud and Abuse Pitfalls," Physicians and Physician Organizations Law Institute and Hospitals and Health Systems Law Institute (February 2009) (Panelist)
- Bloomberg radio interviewed Mr. Sibarium for a news story regarding a recent federal appeal court ruling regarding an antitrust challenge to Major League Baseball's restrictions on licensing team names and logos (September 2008)
- "Resale Price Maintenance Post-Leegin," Antitrust Section of the New York State Bar Association Annual Meeting (January 2008) (Panelist)
- "US/EU Antitrust Enforcement," Northwestern University Law School's Garrett Institute for Corporate and Securities Law (May 2006) (Moderator)
- "Antitrust Issues Arising from Health Care Joint Ventures," American Health Lawyers Association (March 2008) (Panelist)
- "FTC v. Evanston Northwestern Healthcare — The View Up Close," the American Health Lawyers Association Annual Meeting in Philadelphia (June 2006) (Panelist)
- "Hospital Mergers and Alliances: Lessons from the Evanston Northwestern Litigation," Antitrust in Healthcare Conference sponsored by the American Bar Association Antitrust Section and the National Health Lawyers Association (May 2005) (Panelist)
Member, The George Washington Journal of International Law & Economics
summa cum laude, University Scholar, Phi Beta Kappa